Getting A Green Card For Your Spouse or Fiance
There are three ways to get an immigrant visa for your spouse or fiancé.
Immediate Relative Petition
You can petition for an immediate relative visa for your spouse, but only if certain requirements are met. First, you must be a U.S. citizen. Second, you must be able to prove the marriage is bona fide, or was entered into in good faith. To do so, you should demonstrate:
- joint obligations for housing and living expenses;
- joint management of finances;
- joint ownership of property;
- evidence that spouses hold themselves out as being married;
If the marriage is less than 2 years old at the time of adjustment of status, then the alien spouse becomes a “conditional resident.” At the 2-year anniversary, the petitioner and alien spouse become eligible to file a join petition for the removal of conditional status.
K-1 Fiance Visa
To get a K-1 Visa for your fiancé, you must be a U.S. citizen, and your fiancé must seek to enter the U.S. solely to conclude a marriage with you. The engagement must be bona fide, or made in good faith. You can do this by drafting a short history of the relationship, including when the marriage was proposed. To qualify for a fiancé visa, you must have met your fiancé within 2 years of filing the petition.
The process of obtaining a K-1 fiance visa begins with the U.S. citizen submitting a fiance visa petition (I-129F). Once the petition is approved, it is eventually forwarded to the U.S. consulate in the fiance’s home country, which then processes the visa. The fiance then attends an interview there. If the visa is issued, the fiance has six months to use it by entering the United States, and must marry the petitioner within 90 days. After marriage, the immigrant spouse can get a green card by applying to adjust status.
K-3 Spouse Visas
K-3 visas are nonimmigrant, or temporary, visas for spouses and children of U.S. citizens. They are issued to spouses with pending I-130 petitions. K-3 visas are issued for two years, and may be extended for good cause. K-3 visas are only for people who wish to await approval of their I-130 petitions within the United States. The spouse’s children can also enter on a K-4 visa, without drafting a separate petition.
I accept clients that need representation before the Dallas Immigration Court, the Houston Immigration Court, the San Antonio Immigration Court, the Houston Asylum Office, and the Dallas Field Office. I accept clients from throughout Texas, including Dallas, Austin, Houston, San Antonio, El Paso, and Midland.
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